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TRANSFER ENTERED <br />HENNEPIN C O INTY TAXPAYOR aERVIC M <br />LOAN #1187614 ( WILL) NOV 12 1996 <br />EASEMENT AGREEMENT <br />� UNTY M � <br />gy. - DEPUTY <br />THIS AGREEMENT, made this a day of (-�' ib b-e!P- , 1996, ween <br />Robert J. Will and Ann M. Will, of the County of Hennepin and the State of Minnesota, their <br />heirs, successors and assigns (hereinafter "Owner"), and the City of Orono, a municipal <br />corporation (hereinafter "City"). <br />OWNERSHIP DEFINED <br />Owner covenants that it is the fee simple owner of property located in Hennepin County, <br />Minnesota, which is legally described as: <br />Lot 1 Block I Peterman Addition, _ according to the map or <br />plat thereof on file and of record in the office of the County Recorder, Hennepin County, <br />Minnesota (hereinafter referred to as the "Property"). <br />EASEMENT DEFINED <br />The City requires a perpetual easement for Trail purposes over, under, and across the west <br />7.0 feet of the Property (hereinafter referred to as the "Easement Parcel"). <br />TERMS OF EASEMENT <br />1. Owner's grant of the Easement Parcel to the City includes the free right of the City to <br />enter upon, under, and over the Easement Parcel to remove trees, brush, grass, dirt, and structure <br />therefrom, to construct, maintain, repair, and use the drainage culvert (hereinafter referred to as <br />"Public Improvement"), and to enter upon the Easement Parcel for the purpose of inspecting, <br />maintaining, repairing, removing, and reconstructing the Public Improvement. <br />2. The City shall return the area it disturbs within the Easement Parcel to, grade, seed <br />the same, and replace the surface soil with the original type of material. <br />3. Owner agrees that the Easement Parcel shall not be encroached upon by fill, <br />excavation, erection of buildings, or permanent enclosures, fences or walls, or other obstructions <br />which would interfere with or which would otherwise obstruct access to, the Public Improvement <br />in any manner. <br />4. In the event that use of the Easement Parcel is at anytime discontinued by the City, <br />the City shall have the right, but not the duty, to enter further upon the premises and remove all <br />or any portion of the Public Improvement which has been placed upon, over, or under the <br />Easement Parcel as granted by the Owner to the City. <br />Parcel 5 <br />PID 33-118-23-43-0006 <br />